Intestacy Rules Western Australia: Who Inherits When There Is No Will

The surviving spouse does not automatically inherit everything when someone dies without a will in Western Australia. That assumption catches thousands of WA families off guard every year, and in some cases it forces the sale of the family home.

Western Australia's intestacy rules are governed by the Administration Act 1903, and the statutory thresholds were updated effective 5 July 2025. Here is exactly how the distribution works.

How WA Intestacy Distribution Works

When a person dies intestate (without a valid will), the Supreme Court of Western Australia appoints an administrator — usually the closest eligible relative — who must distribute the estate according to a rigid statutory formula. There is no discretion. The administrator cannot adjust the split based on fairness, need, or family circumstances.

The distribution depends entirely on which relatives survive the deceased.

Spouse Only, No Children or Parents

The surviving spouse inherits the entire estate. This is the only scenario where intestacy produces the outcome most people expect.

Spouse and Children

The surviving spouse receives:

• The first $546,000 of the estate (the "statutory legacy")
• All personal chattels (household items, furniture, vehicles, personal effects)
• One-third of whatever remains after the statutory legacy

The children share the remaining two-thirds equally. If a child has already died but left children of their own, that share passes to the grandchildren.

Spouse, No Children, But Surviving Parents

The surviving spouse receives:

• The first $815,500 of the estate
• All personal chattels
• One-half of the remainder

The deceased's parents share the other half equally. If only one parent survives, that parent takes the full parental share.

No Spouse

Children inherit the entire estate in equal shares. If there are no children, the estate passes to parents, then siblings, then more distant relatives following a strict statutory hierarchy.

Why the Statutory Legacy Creates Problems

The numbers above look generous until you consider what most WA estates actually consist of: a family home and a modest amount of cash.

Take a common scenario. A couple owns a home in Perth valued at $850,000, held as tenants in common. The husband dies intestate, leaving a wife and two adult children from a previous marriage. The husband's half of the home — $425,000 — plus $180,000 in bank accounts puts his estate at $605,000.

The wife receives the first $546,000 plus personal chattels plus one-third of the remaining $59,000 (approximately $19,667). The children share two-thirds of the remainder (approximately $39,333 between them).

But here is the problem: most of that $546,000 statutory legacy is locked inside the property. The administrator may need to sell the home to pay the children their statutory share, because the cash in the estate is not enough to cover it.

If the property were held as joint tenants instead of tenants in common, it would pass directly to the surviving spouse by right of survivorship — completely outside the intestacy rules. The distinction between these two forms of property ownership is critical, and most couples have no idea which one applies to their home.

How to Check Property Ownership

The ownership structure is recorded on the Certificate of Title held by Landgate, WA's land registry. You can order a title search online through Landgate for $32.60. The search result will state either "Joint Tenants" or "Tenants in Common."

• Joint Tenants: the property passes automatically to the surviving owner. No probate required. Lodge a Survivorship Application with Landgate (fee: $216.60).
• Tenants in Common: the deceased's share forms part of the estate and is distributed under the intestacy rules. The administrator must obtain Letters of Administration from the Supreme Court before Landgate will process any transfer.

De Facto Partners and Intestacy

WA intestacy law treats registered de facto partners the same as married spouses for distribution purposes. However, proving de facto status can require substantial evidence — shared finances, cohabitation duration, joint property, and mutual commitment. If the relationship is disputed by other family members, the de facto partner may need to apply to the Family Court or Supreme Court for a declaration of the relationship before they can claim their statutory share.

This is one of the strongest reasons to have a will, even in a stable de facto relationship.

Letters of Administration: The Process

Without a will, nobody has authority to deal with the estate until the Supreme Court grants Letters of Administration. The process:

1. Wait 14 days after the date of death (mandatory waiting period).
2. Apply through the Supreme Court's eCourts portal if the application is straightforward.
3. Pay the $408 filing fee.
4. Provide the Death Certificate, evidence of the applicant's relationship to the deceased, and a full inventory of estate assets.
5. Wait 3 to 6 weeks for the grant to issue.

If there are competing applications (for example, two siblings both wanting to be administrator), the court decides based on the statutory priority order. The surviving spouse has first priority, followed by children, then parents.

When Intestacy Requires Professional Help

Most simple intestate estates — a surviving spouse, shared home as joint tenants, modest bank accounts — can be administered without a solicitor. But several scenarios demand professional advice:

• Blended families where children from a previous relationship have competing claims against the surviving spouse's statutory legacy
• Estates where the primary asset is an illiquid property that may need to be sold to satisfy the distribution formula
• Missing beneficiaries where the administrator cannot locate all entitled relatives
• Estates with significant debt where the creditor priority rules must be followed precisely to avoid personal liability

For families in Western Australia navigating intestacy alongside Centrelink notifications, superannuation claims, and property transfers, the Western Australia Survivor Benefits Navigator sequences every step so the administrator knows exactly what to do and when.

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